Capabilities
Litigation
Insolvency
Trust and estate
litigation
"I aim to resolve disputes as quickly and cost effectively as
possible."
Tony is able to grasp essential issues quickly and then decide the
best way forward. His vast experience in commercial litigation
enables him to make qualified and practical decisions.
"I aim to resolve disputes as quickly and cost effectively as
possible."
Tony is able to grasp essential issues quickly and then decide
the best way forward. His vast experience in commercial litigation
enables him to make qualified and practical decisions.
Insolvency and Creditors Remedies
Tony works closely with leading insolvency practitioners and
acts for receivers and corporate clients. His practice
includes:
- Assisting in liquidations and receiverships
- Personal and corporate proposals and schemes and
arrangements. Working with clients to put together court approved
payment plans to pay creditors over time
- Mortgagee sales and enforcement of other securities
including guarantees and caveats
- Representing clients in court to argue their payment
priority in creditor disputes
Examples of insolvency work
- Successfully represented liquidators against claim by IRD for
special priority payment within a liquidation
- Assisting debtors to obtain Court approval of their debt
compromise proposals
- Representing a lessor to enable it to recover where liquidators
argued that they were disentitled due to surrender of the lease and
the effects of a disclaimer
- Acting for leading Australian insolvency practitioners to
recover New Zealand held assets for the benefit of a bankrupt
estate in Australia
Trusts and estates disputes
This is an area of law where emotions can run high. Tony's
direct approach will help find a way through the emotional and
legal complexities of any dispute. He works alongside the firm's
very experienced private client team Lewis Grant, Catherine
Atchison and Angus Rogers. He represents trustees, beneficiaries,
executors and other interested parties.
- Challenge to trustees' decisions
- Potential removal of trustees
- Undisclosed principle doctrine in relation to trustees'
actions
- Trustees' liabilities
- Family Protection action
- Testamentary promises
- Determination of validity of Wills
Examples of trust law work
- Brought action against the trustees of a Maori Land Trust so as
to establish their personal liability
- Successfully opposed claim by trust on basis that trustees had
not unanimously entered into transaction
- Secured increased inheritance for children who had received
inadequate provision under their mother's Will
- Acting for discretionary beneficiaries under a multi-million
dollar trust dispute relating to how the trustees made decisions on
distributions. Negotiated settlement resulting in the
bringing forward of the final distribution date and substantial
distributions being received by our clients
- Expert advice to institutional trustee in relation to the
status and powers of an advisory trustee
Recent cases
Jennings Roadfreight Limited (In
Liq) v Commissioner of Inland Revenue [2014] NZSC 160
Tomich v Estate of Jean Theresa
Tomich & Tomich [2014] NZFC 3736
Singleton v Singleton [2012]
NZHC 3320
Manukamed Investors v Salem
Charitable Trust & Anor, HC MAS CIV 2010-435-243
Memberships
RITANZ, the leading insolvency industry group within New
Zealand. (Former committee member)
Biography
Tony joined the firm in 1998, becoming a litigation partner in
2002. Tony was admitted as a lawyer in 1987. He previously worked
with the Ministry of Justice, Commercial Affairs Division before
joining Martelli McKegg in 1998. When not busy working on clients'
litigation disputes he is an avid sports fan.
Articles
Relief for
borrowers under the Property Law Act
Good
news for Unsecured Creditors: Directors' Duties
An alternative to
bankruptcy
The liquidators want you!
Court
judgments now include compounding interest
Increase
in approved charge out rates for liquidators
Are you entitled to GST on your court costs and
disbursements?
Do you
have the authority to execute a mortgage?
Unreasonable costs won't
wash
Freeze
those assets
Personal bankruptcy: is it possible to not lose everything?
Liquidators and Ponzi
schemes
Supreme
victory for liquidators and employees - Jennings Roadfreight v
Commissioner of Inland Revenue
Court steps up
focus on action of trustees
Less wriggle room when wrong decision made by
trustee
Half of yours is mine (the next chapter)
Some hope for creditors
Into the void(able) transaction
Further warning to passive trustees